Redacted J and A.pdf

Justification and Approval for other than Full and Open Competition Extension of Services, SP450015D0016 South Florida

The contracting officer has determined the need for hazardous waste removal, transportation, and disposal services in and around South Florida is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. The use of such action shall be justified in writing. As a minimum, each justification shall include the following information (ref. FAR 6.303-2(b)):

(1) AGENCY, CONTRACTING ACTIVITY, AND DOCUMENT: DLA Disposition Services, Hazardous Waste Disposal Contracting, “Justification for other than full and open competition”.

(2) DESCRIPTION OF ACTION BEING APPROVED: A 1-month extension to contract SP450015D0016, which was awarded with an 18-month base period and two 18-month option periods, is being approved. The contract modification will be issued pursuant to the authority of FAR 52.217-8, Option to Extend Services, which is included in the contract, for an additional one-month period from Oct. 5, 2020 to November 7, 2020.

(3) DESCRIPTION OF THE SERVICES REQUIRED (INCLUDING ESTIMATED VALUE):

Work will consist of the removal, transportation and disposal of RCRA hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) located on military installations in and around South Florida. The Contractor agrees to provide all services necessary for the transportation, final treatment, disposal, and/or recycling of the items listed in the schedule in accordance with all local, state, and federal laws and regulations, and the terms and conditions of the contract. These services shall include all necessary personnel, including applicable subcontractors, labor, transportation, equipment, and the compilation and submission of all documentation required by this contract. All items, regardless of the condition, are being discarded by the Government and will require recycling or disposal.

(8) MARKET RESEARCH: It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent time extension required. It is not practical, nor in the Government’s best interest, to award a bridge contract for the interim period between the end of the current contract and the start of the follow-on contract.

The process does not allow sufficient time to acquire services for this one-month period.

(9) RATIONALE AS TO THE EXTENT AND NATURE OF THE HARM TO THE

GOVERNMENT: Without contract coverage the area is at a high risk of compliance issues regarding the regulatory storage time limits, as they already have a significant amount of hazardous waste requiring removal. The EPA closely regulates the majority of the waste being disposed on this contract. These regulations include limitations on the length of time waste can be stored. Often these are very short time periods (e.g. 15 days) and require quick performance turnaround on waste removal task orders. These are critical services, as no hazardous waste products may exceed ninety (90) calendar days storage time before shipment to an off-site disposal facility. If the ninety (90) calendar day regulatory timeframe is exceeded, the installation may be subject to fines up to $70,117.00 per day, per individual location by the EPA, as well as additional penalties. The generators would also be at risk of not being able to immediately respond to spills, which could lead to environmental issues, fines, and higher cleanup/remediation costs.

(10) A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED AN INTEREST IN THE

ACQUISITION: N/A.

(11) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SERVICES REQUIRED: N/A.

(12) CONTRACTING OFFICER CERTIFICATION: The contracting officer’s signature below is certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

APPROVAL:

Raymond A. Empie, Contracting Officer Hazardous Waste Disposal DLA Disposition Services